Master Data Protection Agreement Template for India

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Key Requirements PROMPT example:

Master Data Protection Agreement

"I need a Master Data Protection Agreement for my tech startup based in Bangalore, which will be processing customer data through multiple cloud service providers, with potential data transfers to Singapore and the UAE, to be implemented by March 2025."

Document background
The Master Data Protection Agreement serves as a critical legal framework for organizations operating in India that engage in the processing of personal data through third-party service providers. This agreement has become essential following the implementation of the Digital Personal Data Protection Act 2023 and related Indian data protection regulations. It establishes comprehensive data processing standards, security requirements, and compliance obligations for both data fiduciaries and processors. The agreement is particularly important for organizations that handle significant volumes of personal data, engage with multiple data processors, or participate in cross-border data transfers. It includes detailed provisions for data security, breach notification, audit rights, and liability allocation, all aligned with Indian legal requirements.
Suggested Sections

1. Parties: Identification of the data fiduciary (controller) and data processor, including registered addresses and company details

2. Background: Context of the agreement, relationship between parties, and general purpose of data processing activities

3. Definitions: Definitions of key terms aligned with DPDP Act 2023 and other relevant Indian legislation

4. Scope and Purpose: Detailed description of data processing activities, types of data involved, and processing purposes

5. Obligations of the Data Processor: Core obligations including security measures, confidentiality, and processing limitations

6. Obligations of the Data Fiduciary: Responsibilities of the data controller including lawful basis for processing and instructions

7. Data Security Requirements: Mandatory security measures, encryption standards, and access controls

8. Breach Notification and Management: Procedures for identifying, reporting, and managing data breaches as per Indian law

9. Audit Rights and Compliance: Rights of data fiduciary to audit processor and compliance documentation requirements

10. Liability and Indemnification: Allocation of liability and indemnification obligations between parties

11. Term and Termination: Duration of agreement, termination grounds, and data handling post-termination

12. Governing Law and Jurisdiction: Indian law as governing law and jurisdiction for disputes

Optional Sections

1. Cross-Border Data Transfers: Required when personal data will be transferred outside India, including compliance with data localization requirements

2. Sub-Processing: Include when the processor may engage sub-processors, including approval requirements

3. Sector-Specific Compliance: Required for regulated sectors like healthcare or financial services

4. Data Protection Impact Assessment: Include for high-risk processing activities

5. Special Categories of Data: Required when processing sensitive personal data as defined in Indian law

6. Data Localization Requirements: Specific section for sectors requiring strict data localization like payment data

7. Business Continuity and Disaster Recovery: Required for critical processing activities or large-scale data processing

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of all processing activities, categories of data, and purposes

2. Schedule 2 - Security Measures: Technical and organizational security measures implemented by the processor

3. Schedule 3 - Authorized Sub-Processors: List of approved sub-processors and their processing activities

4. Schedule 4 - Data Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards

5. Schedule 5 - Service Levels: Performance metrics and service levels for data processing activities

6. Appendix A - Contact Details: Key contacts for both parties including DPO and breach notification

7. Appendix B - Audit Requirements: Detailed audit procedures and compliance documentation requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Telecommunications

Education

Manufacturing

Professional Services

Retail

Insurance

Banking

Pharmaceuticals

Business Process Outsourcing

Cloud Services

Relevant Teams

Legal

Compliance

Information Security

Information Technology

Privacy

Risk Management

Procurement

Vendor Management

Data Governance

Operations

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Privacy Counsel

Legal Counsel

Compliance Manager

Information Security Manager

Privacy Manager

Risk Manager

IT Director

Procurement Manager

Vendor Management Officer

Chief Technology Officer

Chief Legal Officer

Data Protection Specialist

Privacy Analyst

Information Governance Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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